The Prose Works of Jonathan Swift, D.D. — Volume 06 - The Drapier's Letters by Jonathan Swift
page 103 of 305 (33%)
page 103 of 305 (33%)
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exigences of his affairs. If this be in no manner "derogatory nor
evasive of any liberties or privileges of the subjects of Ireland," it ought to have been expressed what our liberties and privileges are, and whether we have any at all, for in specifying the word _Ireland_, instead of saying "His Majesty's subjects," it would seem to insinuate that we are not upon the same foot with our fellow-subjects in _England_; which, however the practice may have been, I hope will never be directly asserted, for I do not understand that Poining's act[13] deprived us of our liberty, but only changed the manner of passing laws here (which however was a power most indirectly obtained) by leaving the negative to the two Houses of Parliament. But, waiving all controversies relating to the legislature, no person, I believe, was ever yet so bold as to affirm that the people of Ireland have not the same title to the benefits of the common law, with the rest of His Majesty's subjects, and therefore whatever liberties or privileges the people of England enjoy by common law, we of Ireland have the same; so that in my humble opinion, the word _Ireland_ standing in that proposition, was, in the mildest interpretation, _a lapse of the pen_. [Footnote 13: It was not intended that Poyning's act should interfere with the liberty of the people, but it is undoubted that advantage was taken of this law, and an interpretation put on it far different from the intention that brought it on the statute books. It was passed by a parliament convened by Sir Edward Poyning, at Drogheda, in the tenth year of Henry VII.'s reign. Its immediate cause was the invasion of Perkin Warbeck. That pretender assumed royal authority in Ireland and had several statutes passed during his short-lived term of power. To prevent any viceroy from arrogating to himself the powers of law-making it was enacted by Poyning's parliament: |
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